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(tense music)
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As soon as he seized power
in January 1933,
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Hitler used the law as a weapon
to impose Nazi ideology.
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Backed by several faithful lawyers
who had supported him
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from the very start,
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he set about bringing
the legal system to heal.
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Police powers intensified while
those of the judges declined.
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It was a reversal of the rules
of traditional law,
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which recalled Fritz Lang's
premonitions in his 1931 film, M.
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At the heart
of Hitler's tribunals,
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lawyers and magistrates
were the protagonists
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in a relentless war
to impose a new legal system
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that conformed
to the Nazis world-view.
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Remarkable accounts
bring this story to light,
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such as that of Lilo Kuznitzky,
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a Democrat lawyer,
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who saw her dreams
of freedom go up in smoke.
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Werner Best,
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a lawyer who had risen
through the ranks of the SS
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at lightning speed.
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Johann Reichhart,
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the Munich executioner
who would make his fortune
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from the assent of the Nazis
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or Hans Litten, a barrister
and sworn enemy of Hitler.
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The trial of the alleged
Reichstag arsonist
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began on September 21st, 1933.
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This show trial
became a fiasco for the Nazis.
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The Supreme Court
acquitted four of the accused.
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You could ask if this constituted
a victory for the rule of law,
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but it didn't.
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Certainly, the Supreme Court
was no longer involved
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in political or media affairs,
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but immediately afterwards,
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a new court was created,
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the Volksgerichtshof,
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or People's Court.
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There were
two professional magistrates
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and three non-magistrates.
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Three Volksgenossen,
as they are known,
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three Comrade of the people,
three Citizens.
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In fact, they were
members of the party,
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members of the police,
members of the Wehrmacht.
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The idea behind that was
that anyone could be a judge.
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Why?
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Because law is instinctive,
something spontaneous in you,
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a movement that leads you to do
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what is best for you,
your family, and your race,
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spontaneously.
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You didn't need to be
a professional magistrate
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to be a judge.
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The Reichstag fire case was
a revelation for the Nazis.
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The old law, as written
in the statute books, endured.
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Three years previously,
Fritz Lang's film, M,
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had already predicted what
the Nazis would try to do
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once they were in power.
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Circumventing an abstract law
and replacing it with courts
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where the people's
common sense prevailed.
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With the creation
of the People's Court,
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Hitler freed himself from the
shackles of traditional justice.
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But this was not enough.
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He wanted absolute power.
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The occasion presented
itself in the spring of 1934.
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The ageing Marshal von Hindenburg,
the President of the Reich,
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was dying.
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Hitler wanted
to get rid of Erwin Bumke,
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the high magistrate
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who was due to be interim leader,
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and merge his powers as Chancellor
with those of the President.
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But in order to do this,
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Hitler first had to reassure
the elite and the army
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who were concerned about the
growing power of Ernst Röhm's SA
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and its revolutionary ambitions.
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So Hitler made his decision.
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On the night of June 29, 1934,
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Werner Best was ready.
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He was in charge of the purge
in Southern Germany.
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He had made good progress
since joining the SS
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two and a half years before.
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He was now a commander
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and worked alongside
Reinhard Heydrich,
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Hitler's second in command.
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Under his orders, he ran
the SS intelligence service,
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the SD.
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He was put in charge of drawing up
the list of those to be arrested.
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There was a cross
next to 28 of the names.
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This meant they were
to be summarily put to death.
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One of them was Edgar Jung,
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one of his friends and a former
political companion in arms.
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Werner Best would later write,
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Sometimes it is necessary
to sacrifice men and laws
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in favour of higher ideals.
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Around a thousand people
were arrested in three days.
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A further hundred were murdered.
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On the morning of June 30th,
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SA chief Ernst Röhm
was arrested by Hitler himself.
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He was transferred
to Stadelheim Prison
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and was shot in his cell
on July the first.
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Hitler would justify
what had happened
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to demonstrate
that he was no mere thug,
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but a true statesman.
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He spoke in the Reichstag
on the 13th of July, 1934,
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describing the situation,
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saying there was a plot,
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the SA were plotting,
and went on to say,
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In hours of great danger,
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I was the German people's
Supreme Judge.
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In other words,
all of the acts of murder
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carried out over those three days
were legal acts.
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He said this to the Reichstag
on the 13th of July, 1934.
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He had written it in a decree
on the third of July, 1934.
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It was a singular article
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which set out that all acts
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committed within the framework
of state safeguarding operations
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and the rule of law were legal.
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The word employed was 'rechtens',
meaning approved in law.
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Reassured
by the radical purge of the SA,
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the elite made no objection
to this self-amnesty.
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Better still,
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members of the government
who were not in the Nazi Party
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also signed the July 3rd decree.
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As for the judiciary,
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frozen by the climate of terror
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induced
by the Night of the Long Knives,
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they abstained
from making any comment
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about the Nazis' legislation
of their own crimes.
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And, barely three weeks later,
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they pledged allegiance
to the Führer
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on the solemn monumental staircase
of the Moabit Palace in Berlin,
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the very place
where three years earlier,
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the barrister Hans Litten
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had tried to charge
Hitler with perjury.
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And as if to nip any debate
in the bud,
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Carl Schmitt,
the great thinker of German law,
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immediately intervened
to absolve Hitler in an article,
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The Führer Upholds the Law.
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The Führer protects
what is good for the people,
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so the Führer protects the law.
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These are classic shortcuts to
identity-based concrete thinking.
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In early August 1934,
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Hindenburg had
just conveniently died,
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and without anyone objecting,
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Hitler combined
the powers of Chancellor
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and President of the Reich.
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Now, he incarnated
not only the law,
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he was the people's Führer,
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and incarnated absolute power.
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In just 20 months,
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he had managed
to shut down all opposition
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and eliminate his opponents.
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He had muzzled the press and held
the legal system on a leash.
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Even the army
had pledged allegiance to him.
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It was a complete success,
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a triumph of the will.
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This was even
the title that the film-maker,
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Leni Riefenstahl,
gave to her film,
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dedicated to the glory of Hitler,
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which she shot at the
Nuremberg Conference in 1934.
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There, in front
of academy members,
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Hans Frank celebrated
the legal advances taking place.
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Hitler's lawyers
had done a good job,
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none more so than Werner Best.
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Not only had he worked
in the legal field,
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but he had demonstrated
his efficiency
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with the purge of the SA.
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One need only look
at his dazzling SS career
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to get a measure of the esteem in
which he was held by his chiefs.
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In April 1933,
he was a mere corporal.
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One year later,
he was a commander.
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And the day after
the Night of the Long Knives,
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he was made a lieutenant colonel.
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There was no doubt he would
continue to rise in the hierarchy.
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The executioner
Johann Reichhart's life
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also carried the smell of success.
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He now operated in three regions
and drove an Opel Blitz.
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An Opel Blitz.
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Two years before,
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he would not have imagined
being able to afford
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a new van of such class.
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And it was useful for work.
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These vans could carry
up to three tonnes,
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so a Mannhardt guillotine
was child's play.
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The Opel allowed Reichhart
to be punctual,
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and he took great care
in his work.
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Since the People's Court
had been formed,
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meetings took place
at the Ministry
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to harmonise
the methods of execution.
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Johann Reichhart was keen
to demonstrate the efficacy
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of his chosen work tool.
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There was
a bureaucratic evaluation
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of the advantages
and disadvantages of the acts
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compared to those
of the guillotine.
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Very precise statistics
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seemed to show
that execution with an axe
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saved a few seconds
compared to the guillotine.
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It was also the argument
that the axe was more Germanic,
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that it was more
authentic and patriotic,
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and more German than executing
someone with a mechanical device.
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Note concerning
the implementation
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of the death penalty,
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speed of execution by axe.
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This allows a gain of 20 seconds
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between the moment the condemned
is handed to the executioner
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and the moment
when the head falls.
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The lawyer, Roland Freisler,
took part in this meeting,
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and Freisler was a proponent
of the virility of the axe.
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The Nazis detested the values
of the French Revolution
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and the guillotine.
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Nonetheless,
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Hitler decided to make it
the official method of execution,
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putting an end to the debate.
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The Führer was won over
by the mechanical efficiency
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of the machine.
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An engineering company
was immediately contracted
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to mass-produce guillotines.
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The Nazi administration,
no strangers to cruelty,
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assigned the final stage
of assembly
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00:13:59,150 --> 00:14:01,600
to the inmates
of Berlin's Tegel Prison.
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00:14:09,110 --> 00:14:11,390
The expert
Johann Reichhart's future,
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00:14:11,430 --> 00:14:12,600
was looking promising.
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00:14:18,240 --> 00:14:21,880
For other Germans, however,
dark clouds were gathering.
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00:14:24,110 --> 00:14:25,880
What had become of Hans Litten?
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00:14:26,430 --> 00:14:28,510
For all Lilo Kuznitzky's efforts
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to find any trace of her former
university colleague,
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his name was not
mentioned anywhere.
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Since his arrest,
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he had repeatedly been transferred
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from one concentration camp
to another.
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Beaten and tortured,
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he had become
half deaf and had lost an eye.
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His leg was paralysed,
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00:14:51,320 --> 00:14:52,880
and he needed sticks to walk.
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00:15:03,000 --> 00:15:04,110
In two years,
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00:15:04,430 --> 00:15:06,430
Lilo had watched the world
she had dreamed of
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00:15:06,470 --> 00:15:08,240
since she was 20 disappear.
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00:15:09,000 --> 00:15:11,830
That world had been replaced
by that of the Nazis,
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00:15:12,600 --> 00:15:15,640
a world where a woman had been
put back in her rightful place,
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taking care of cooking
and domestic chores.
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00:15:19,680 --> 00:15:23,680
900,000 women had already
been fired from public office.
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00:15:27,640 --> 00:15:29,790
Lilo no longer harboured
any illusions
240
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about her chances
of continuing a career in law.
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00:15:34,960 --> 00:15:36,510
She was 31 years old
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and was already sensing
the imminent nightmare.
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She knew the worst
was still to come.
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She had just found out
that the 700 magistrates
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00:15:51,280 --> 00:15:53,680
who represented
the cream of the legal system
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00:15:53,710 --> 00:15:55,640
had been summoned
to a solemn ceremony
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00:15:55,680 --> 00:15:56,830
in the presence of Hitler,
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00:15:56,880 --> 00:15:59,200
behind the walls
of the Berlin Opera.
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00:16:03,710 --> 00:16:05,960
On April second, 1935,
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00:16:06,000 --> 00:16:08,000
the Justice Minister,
Franz Gaertner,
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00:16:08,030 --> 00:16:09,240
gleefully made a summary
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00:16:09,280 --> 00:16:11,600
of the synchronisation
of the legal apparatus.
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00:16:33,920 --> 00:16:36,430
When he spoke
of the renewal of German law,
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the minister was referring
to a new raft of legislation
255
00:16:39,680 --> 00:16:41,920
announced at the latest
Nuremberg conference.
256
00:16:43,790 --> 00:16:46,360
Laws designed to regiment
the lives of Germans
257
00:16:46,390 --> 00:16:48,070
based on their racial origin.
258
00:16:50,240 --> 00:16:51,880
And by their very presence,
259
00:16:52,320 --> 00:16:55,960
the 700 magistrates had already
acquiesced to these laws.
260
00:16:58,000 --> 00:16:59,430
The main one
261
00:16:59,790 --> 00:17:04,560
was called the law for
the protection of German blood.
262
00:17:05,960 --> 00:17:09,560
It enshrined not only
the biologisation of politics,
263
00:17:09,960 --> 00:17:12,280
but also the biologisation
of the law.
264
00:17:12,920 --> 00:17:15,200
It was a law that forbade
the mixing of flesh
265
00:17:15,390 --> 00:17:16,430
and the mixing of blood.
266
00:17:16,750 --> 00:17:19,030
So it was a modification
of the Civil Code
267
00:17:19,640 --> 00:17:20,920
because it affected marriage
268
00:17:20,960 --> 00:17:23,750
and the Penal Code because
it sanctioned sexual relations.
269
00:17:23,920 --> 00:17:25,240
The idea was
270
00:17:25,280 --> 00:17:29,070
that different races are
all separate zoological species,
271
00:17:29,110 --> 00:17:32,030
and any intermingling
produces a monster.
272
00:17:35,200 --> 00:17:37,880
The Mischling,
or literally mixture,
273
00:17:38,320 --> 00:17:39,560
produces a monster.
274
00:17:42,880 --> 00:17:46,200
A monster wherein
the bad blood destroys the good.
275
00:17:47,150 --> 00:17:50,320
If you were to breed a Jew
with a non-Jewish German,
276
00:17:50,790 --> 00:17:53,360
the Jewish wickedness
and deviousness
277
00:17:53,390 --> 00:17:55,360
would overcome
German intelligence.
278
00:17:59,430 --> 00:18:00,790
But then there had to be a way
279
00:18:00,830 --> 00:18:02,960
to distinguish
who was Jewish and who wasn't.
280
00:18:03,030 --> 00:18:06,200
And there were doctors
and scientists
281
00:18:06,360 --> 00:18:09,560
who worked to try to identify
the criteria of Jewishness.
282
00:18:10,280 --> 00:18:12,830
There was no biological way
to identify them,
283
00:18:13,030 --> 00:18:14,150
but they tried everything.
284
00:18:14,640 --> 00:18:18,240
Anthropometry of the ears,
the skulls, the feet,
285
00:18:18,360 --> 00:18:20,830
the muscle formation,
the blood groups,
286
00:18:22,000 --> 00:18:23,110
with no success.
287
00:18:24,790 --> 00:18:26,110
So as lawyers,
288
00:18:26,150 --> 00:18:27,880
they were then obliged
to backtrack,
289
00:18:28,110 --> 00:18:31,000
which is what led
to this somewhat sheepish law
290
00:18:31,030 --> 00:18:33,240
that looked
towards cultural criteria.
291
00:18:33,390 --> 00:18:34,680
What made a person Jewish?
292
00:18:34,790 --> 00:18:36,110
Having Jewish grandparents
293
00:18:36,150 --> 00:18:37,880
who belonged
to a Jewish community
294
00:18:37,920 --> 00:18:39,880
that attended the synagogue.
Period.
295
00:18:44,640 --> 00:18:46,110
Two years previously,
296
00:18:46,320 --> 00:18:48,640
Lilo had been spared
by the first purges,
297
00:18:48,680 --> 00:18:51,470
but this new law banned her
from the community of the people.
298
00:18:55,600 --> 00:18:58,200
She had tainted Jewish blood
from her father,
299
00:18:58,640 --> 00:19:01,680
which made her a Mischling,
a monster.
300
00:19:09,200 --> 00:19:10,750
In October 1935,
301
00:19:10,790 --> 00:19:12,560
a month after the law
was published,
302
00:19:12,960 --> 00:19:15,110
she was excluded
from the legal profession.
303
00:19:19,920 --> 00:19:21,150
In December,
304
00:19:21,200 --> 00:19:22,920
her father, Martin Kuznitzky,
305
00:19:22,960 --> 00:19:25,240
was banned
from practising medicine.
306
00:19:41,880 --> 00:19:43,880
Alongside these racial laws
307
00:19:43,920 --> 00:19:46,640
came new texts,
decrees, and articles
308
00:19:46,880 --> 00:19:49,790
compiled by German lawyers
in new legal tracks.
309
00:19:51,790 --> 00:19:54,070
Germany's Jews,
who were particularly targeted,
310
00:19:54,110 --> 00:19:55,960
found their lives
had become a hell.
311
00:19:57,280 --> 00:20:00,280
State hospitals would not
admit patients who were Jewish.
312
00:20:01,960 --> 00:20:04,750
If they were officers in the army,
they were expelled.
313
00:20:06,470 --> 00:20:08,920
As students,
they could no longer get a degree,
314
00:20:09,320 --> 00:20:12,710
and before long, they were asked
to declare their belongings.
315
00:20:15,710 --> 00:20:18,110
It begs the question,
316
00:20:18,150 --> 00:20:20,240
who were these rules aimed at?
317
00:20:20,560 --> 00:20:23,790
They were written.
They looked like laws or decrees.
318
00:20:24,470 --> 00:20:26,030
They looked like regulations.
319
00:20:26,710 --> 00:20:28,200
But who were they aimed at?
320
00:20:28,320 --> 00:20:31,030
It was the total suppression
of the subject of the law
321
00:20:31,070 --> 00:20:32,110
for Jews.
322
00:20:32,560 --> 00:20:34,750
And as for those
in the wider community,
323
00:20:35,790 --> 00:20:39,680
they only had rights within
the framework of that community.
324
00:20:40,280 --> 00:20:43,110
That meant that
in everything they did,
325
00:20:43,150 --> 00:20:44,790
even the most private,
326
00:20:45,150 --> 00:20:47,920
trivial, and even intimate acts
327
00:20:48,240 --> 00:20:50,030
of their sexual life,
328
00:20:50,320 --> 00:20:51,320
their life,
329
00:20:51,560 --> 00:20:54,710
they became a servant
of the community.
330
00:21:02,510 --> 00:21:03,640
It was now official.
331
00:21:03,750 --> 00:21:05,790
Love was no longer enough.
332
00:21:09,830 --> 00:21:12,150
Henceforth, blood would decide,
333
00:21:12,200 --> 00:21:13,960
and the choice of a soulmate
334
00:21:14,000 --> 00:21:16,680
would be first subjected
to a medical examination.
335
00:21:20,110 --> 00:21:23,750
There was an imperative of purity
that even Arians had to respect.
336
00:21:24,680 --> 00:21:27,560
Some, rather than risk being
excluded from their community,
337
00:21:27,880 --> 00:21:30,430
chose to divorce their spouse
if they were Jewish.
338
00:21:34,830 --> 00:21:37,110
The seismic effect
of these racial laws
339
00:21:37,150 --> 00:21:39,030
led to a new wave of emigration.
340
00:21:41,360 --> 00:21:43,710
This is exactly
what the Nazis had intended,
341
00:21:44,390 --> 00:21:46,680
to encourage Jews
to leave the countries
342
00:21:46,710 --> 00:21:49,390
and to rid the German nation
of their presence.
343
00:22:05,830 --> 00:22:08,000
During the 1936 conference,
344
00:22:08,030 --> 00:22:11,880
Werner Best defended the idea
that the German police
345
00:22:11,920 --> 00:22:14,710
were now the doctor
of the German body politic.
346
00:22:15,600 --> 00:22:18,150
The Nazis were
so obsessed with biology
347
00:22:18,200 --> 00:22:22,000
that they saw the German nation
as a biological organism,
348
00:22:22,390 --> 00:22:25,680
and the police officer or lawyer
could act as its doctor.
349
00:22:26,560 --> 00:22:29,280
If a body part was gangrenous,
it had to be amputated.
350
00:22:30,750 --> 00:22:32,880
A shame,
the body part would suffer,
351
00:22:32,920 --> 00:22:34,680
but it was better
for the body as a whole.
352
00:22:35,150 --> 00:22:37,560
So you can see the potential
for legitimisation.
353
00:22:37,960 --> 00:22:40,710
You were no longer considered
violent or a criminal
354
00:22:40,750 --> 00:22:42,750
if you hit someone
or killed someone.
355
00:22:43,070 --> 00:22:44,390
You were like a doctor,
356
00:22:44,430 --> 00:22:48,470
removing a rotten tooth
or amputating a gangrenous limb.
357
00:22:48,710 --> 00:22:50,110
It was completely different
358
00:22:50,150 --> 00:22:52,030
because you were saving
the entire body,
359
00:22:52,110 --> 00:22:54,510
the social body, the racial body.
360
00:22:58,240 --> 00:23:00,150
It was thanks to Himmler's SS
361
00:23:00,200 --> 00:23:01,880
that the police
became the guarantors
362
00:23:01,920 --> 00:23:03,750
of the social body's good health.
363
00:23:06,430 --> 00:23:07,790
Himmler said it publicly,
364
00:23:08,960 --> 00:23:10,920
Yes, we break the law,
365
00:23:11,150 --> 00:23:13,110
and we break it vigorously,
366
00:23:13,600 --> 00:23:15,920
but we do it
to uphold the true law.
367
00:23:18,200 --> 00:23:21,070
That's why Werner Best,
now in charge of recruitment,
368
00:23:21,360 --> 00:23:23,680
had no trouble convincing
Himmler and Heydrich
369
00:23:23,710 --> 00:23:25,710
of the necessity
of favouring lawyers.
370
00:23:29,880 --> 00:23:34,790
Himmler and Heydrich were
two fine organisational minds.
371
00:23:35,240 --> 00:23:37,830
Imperatives drove them,
on the one hand,
372
00:23:37,880 --> 00:23:41,360
to accept to put at the head
of these organisations a lawyer
373
00:23:41,680 --> 00:23:43,790
who was convinced
of the excellence of lawyers
374
00:23:43,830 --> 00:23:45,390
in organisational positions,
375
00:23:45,430 --> 00:23:47,030
i.e. Best,
376
00:23:47,070 --> 00:23:48,640
and on the other hand,
377
00:23:49,030 --> 00:23:50,600
a number of theorists
378
00:23:50,640 --> 00:23:54,110
who stood out for
both their academic excellence
379
00:23:55,360 --> 00:23:57,640
and for their radical ideology.
380
00:23:59,390 --> 00:24:02,470
People like Reinhard Höhn
like William Spengler,
381
00:24:03,710 --> 00:24:05,680
people like Franz Six,
382
00:24:06,360 --> 00:24:09,240
the tentacles of the SS Octopus
were everywhere.
383
00:24:13,070 --> 00:24:15,280
For example,
more and more often,
384
00:24:15,320 --> 00:24:18,430
there was a Minister in
the Ministry of Foreign Affairs,
385
00:24:19,560 --> 00:24:22,470
the Ministry that was supposed
to represent Germany,
386
00:24:22,710 --> 00:24:24,470
wearing an SS uniform.
387
00:24:28,710 --> 00:24:32,920
In that same year, 1936,
the SS entered the Law Academy.
388
00:24:33,240 --> 00:24:35,070
It was represented
by Werner Best,
389
00:24:35,510 --> 00:24:37,880
who was presiding
over the Police Law Commission.
390
00:24:40,150 --> 00:24:41,640
He was close to power
391
00:24:41,680 --> 00:24:44,680
but remained discrete
as he was in the secret police.
392
00:24:46,280 --> 00:24:48,430
This is the only
contemporary footage of him
393
00:24:48,470 --> 00:24:51,710
in the Ministry of the Interior,
next to Reinhard Heydrich,
394
00:24:52,070 --> 00:24:53,790
second in command to Himmler.
395
00:24:57,360 --> 00:24:59,470
Himmler, a man on the rise.
396
00:25:00,470 --> 00:25:02,920
These images bear witness
of the growing power
397
00:25:02,960 --> 00:25:05,920
that the SS had accrued since
the Night of the Long Knives.
398
00:25:06,560 --> 00:25:07,880
And in the ensuing years,
399
00:25:07,920 --> 00:25:10,320
the men in the uniforms
bearing the Death's Head
400
00:25:10,360 --> 00:25:12,560
would have an influence
on changes in the law.
401
00:25:15,150 --> 00:25:17,320
On February 10th, 1936,
402
00:25:17,360 --> 00:25:19,600
came the enactment
of a law written by Best
403
00:25:19,640 --> 00:25:22,150
that increased the powers
of the Prussian Gestapo
404
00:25:22,320 --> 00:25:23,880
and reinforced the Schutzhaft.
405
00:25:25,640 --> 00:25:27,790
On June 17th, 1936,
406
00:25:27,830 --> 00:25:29,960
Himmler was appointed
chief of all police,
407
00:25:30,000 --> 00:25:31,960
and set about centralising them.
408
00:25:33,150 --> 00:25:35,280
On July first, 1937,
409
00:25:35,320 --> 00:25:38,790
Reinhard Heydrich signed a decree
prepared by Werner Best
410
00:25:38,830 --> 00:25:41,710
that legalised the use of torture
during interrogations.
411
00:25:43,390 --> 00:25:45,070
In August 1938,
412
00:25:45,110 --> 00:25:47,280
Jews who did not have
a Jewish first name
413
00:25:47,320 --> 00:25:48,790
were forced to add Israel
414
00:25:48,830 --> 00:25:51,470
or Sara to their
identification documents.
415
00:25:54,790 --> 00:25:56,560
From 1938 onwards,
416
00:25:56,750 --> 00:25:58,110
the Nazis decided
417
00:25:58,150 --> 00:26:00,560
that they wanted the Jews
to leave Germany.
418
00:26:00,920 --> 00:26:03,430
But they could
no longer do so voluntarily,
419
00:26:03,710 --> 00:26:05,880
and so would have
to be forced to leave.
420
00:26:29,120 --> 00:26:30,360
It was enforced through violence,
421
00:26:30,400 --> 00:26:33,230
such as on the 9th
of November 1938,
422
00:26:33,270 --> 00:26:35,590
which was badly
dubbed Kristallnacht,
423
00:26:35,640 --> 00:26:37,040
but also by setting up,
424
00:26:37,080 --> 00:26:40,360
as they did in Vienna
from March 1938,
425
00:26:40,440 --> 00:26:42,550
what we might call centres
426
00:26:42,680 --> 00:26:44,870
for the promotion
of Jewish emigration
427
00:26:44,910 --> 00:26:46,640
that was put in place
by Eichmann.
428
00:26:52,830 --> 00:26:55,680
During the two terrible days
of Kristallnacht,
429
00:26:55,870 --> 00:26:57,720
no one had knocked on Lilo's door,
430
00:26:58,190 --> 00:27:00,040
and she was again
spared the worst.
431
00:27:00,870 --> 00:27:02,230
For good reason,
432
00:27:02,440 --> 00:27:05,230
the name Kuznitzky
no longer appeared on the door.
433
00:27:07,230 --> 00:27:09,270
Lilo was saved
by marriage certificate.
434
00:27:11,760 --> 00:27:12,830
Three months earlier,
435
00:27:12,870 --> 00:27:15,440
on July 27th, 1938,
436
00:27:15,470 --> 00:27:18,720
she had married Erich Gloeden,
a Berlin architect.
437
00:27:19,950 --> 00:27:21,800
It was her husband's
good German name
438
00:27:21,830 --> 00:27:24,550
that saved Lilo
during the Kristallnacht arrest.
439
00:27:30,320 --> 00:27:32,800
Although Gloeden was
not her husband's real name,
440
00:27:33,230 --> 00:27:35,230
he was really called Loevy,
441
00:27:35,760 --> 00:27:36,760
a Mischling,
442
00:27:36,800 --> 00:27:40,120
a mixture in the eyes
of the Nazis, like Lilo.
443
00:27:40,910 --> 00:27:43,000
But very early on,
at his father's behest,
444
00:27:43,360 --> 00:27:45,870
Erich had been adopted
by an Arian friend,
445
00:27:46,150 --> 00:27:47,360
Bernhard Gloeden.
446
00:27:48,470 --> 00:27:51,680
This cover-up was designed to make
it easier for him to assimilate
447
00:27:51,760 --> 00:27:53,080
and protect his career.
448
00:27:55,400 --> 00:27:57,550
This is very important
449
00:27:57,590 --> 00:28:00,440
because it's a 1918
adoption certificate.
450
00:28:02,320 --> 00:28:05,440
The people concerned would
henceforth bear the name Gloeden,
451
00:28:05,760 --> 00:28:07,910
with no mention
of their original surname.
452
00:28:08,590 --> 00:28:11,230
Yes, it was important
to not use both names.
453
00:28:12,230 --> 00:28:14,400
This is a wedding photo
from 1938.
454
00:28:17,120 --> 00:28:19,400
And this is a wonderful
picture of him.
455
00:28:21,590 --> 00:28:24,680
He was the second son
of Siegfried Loevy,
456
00:28:24,720 --> 00:28:26,190
who ran a large factory.
457
00:28:27,230 --> 00:28:30,360
Actually, it was the biggest
Bronze foundry in Berlin.
458
00:28:33,720 --> 00:28:36,550
In 1916, during World War I,
459
00:28:36,590 --> 00:28:39,470
they were given the job
of affixing a motto
460
00:28:39,510 --> 00:28:41,950
in a font created
by Peter Behrens
461
00:28:42,000 --> 00:28:43,680
on the Reichsteig building.
462
00:28:44,150 --> 00:28:48,360
Dem deutschen Volke
to the German people.
463
00:28:54,230 --> 00:28:56,080
Up until 1938,
464
00:28:56,120 --> 00:28:57,830
the Loevy business's reputation
465
00:28:57,870 --> 00:28:59,870
protected it
from the Nazis control while
466
00:28:59,910 --> 00:29:01,720
while in the mid-1930s,
467
00:29:02,040 --> 00:29:04,640
almost two-thirds
of Jewish-owned businesses
468
00:29:04,680 --> 00:29:05,800
had been confiscated.
469
00:29:08,550 --> 00:29:12,470
The day after Kristallnacht,
November 12, 1938,
470
00:29:12,510 --> 00:29:16,040
a decree regarding the eradication
of Jews from German economic life
471
00:29:16,270 --> 00:29:19,400
made this plunder official
and precipitated their ruin.
472
00:29:21,360 --> 00:29:23,150
If they chose
to leave the country,
473
00:29:23,440 --> 00:29:24,800
the racket continued.
474
00:29:26,910 --> 00:29:29,230
Anyone wanting
to definitively cross the border
475
00:29:29,640 --> 00:29:31,230
had to pay a departure tax.
476
00:29:36,870 --> 00:29:37,870
Other Germans
477
00:29:37,910 --> 00:29:40,230
who deserve to belong
to the community of the people
478
00:29:40,440 --> 00:29:42,360
could enjoy the Nazi's largesse,
479
00:29:42,440 --> 00:29:44,510
such as at Christmas 1938.
480
00:29:53,320 --> 00:29:54,760
To wander through Berlin
481
00:29:54,800 --> 00:29:56,830
is to walk in the wake of history
482
00:29:57,230 --> 00:29:58,440
and to meet ghosts.
483
00:30:03,680 --> 00:30:07,040
Hans Litten's traces led to one
of the worst German camps,
484
00:30:07,640 --> 00:30:08,760
Dachau,
485
00:30:09,230 --> 00:30:12,080
which is where he ended up
in 1938.
486
00:30:15,590 --> 00:30:17,230
His ill-treatment continued
487
00:30:17,270 --> 00:30:19,950
because as well as being
pursued by Hitler's hatred,
488
00:30:20,000 --> 00:30:21,910
he was born to a Jewish family.
489
00:30:26,400 --> 00:30:28,040
A few days after he arrived,
490
00:30:28,360 --> 00:30:31,120
he managed to get a clandestine
message out to his family.
491
00:30:33,320 --> 00:30:35,190
Because of the diffusion
of awful news
492
00:30:35,230 --> 00:30:38,400
about the Dachau concentration
camp by Jews living abroad,
493
00:30:39,080 --> 00:30:40,640
we have been isolated here
494
00:30:40,870 --> 00:30:43,640
and have been forbidden
to write until further notice.
495
00:30:46,120 --> 00:30:47,870
His mother, Irmgard Litten,
496
00:30:47,910 --> 00:30:50,640
would later describe
her son's ordeal from England,
497
00:30:50,680 --> 00:30:53,440
where she took refuge
to carry on her son's struggle.
498
00:30:56,270 --> 00:30:59,510
May I ask you to tell Movietone
of your own experience?
499
00:30:59,760 --> 00:31:04,000
I am the mother of Hans Litten,
a young lawyer in Berlin
500
00:31:04,360 --> 00:31:07,150
who devoted
all his time and strength
501
00:31:07,190 --> 00:31:10,830
to defending working people
and anti-fascists.
502
00:31:12,000 --> 00:31:16,150
He personally cross-examined
Hitler in a murder trial,
503
00:31:16,590 --> 00:31:18,640
and Hitler committed perjury.
504
00:31:19,400 --> 00:31:21,510
He never forgave my son.
505
00:31:22,910 --> 00:31:24,400
After five years
506
00:31:24,440 --> 00:31:27,040
in one concentration camp
after the other,
507
00:31:27,440 --> 00:31:31,040
five years
of most brutal torture,
508
00:31:31,270 --> 00:31:32,640
my son died.
509
00:31:33,150 --> 00:31:34,640
How is it, Frau Litten?
510
00:31:35,230 --> 00:31:36,720
Hans Litten's cause of death
511
00:31:36,760 --> 00:31:39,190
was officially recorded
as suicide by hanging.
512
00:31:43,040 --> 00:31:46,360
As Fritz Lang had symbolically
predicted in his film, M,
513
00:31:46,680 --> 00:31:49,640
the darkness and its menacing
shadows seemed to be winning.
514
00:31:49,760 --> 00:31:50,910
(whistling)
515
00:31:54,470 --> 00:31:56,950
And Nazi law was
also triumphant in the courts
516
00:31:57,000 --> 00:31:59,680
over the law of those they had
sworn to rid themselves of.
517
00:32:04,230 --> 00:32:07,590
The shadow of the guillotined
loomed over the courthouses,
518
00:32:07,830 --> 00:32:09,590
as did that of the executioner,
519
00:32:09,830 --> 00:32:10,950
Johann Reichhart.
520
00:32:16,760 --> 00:32:18,080
Successive legal reforms
521
00:32:18,120 --> 00:32:20,270
had radicalised
the penal justice system.
522
00:32:25,800 --> 00:32:27,640
An infraction of racial law,
523
00:32:27,830 --> 00:32:28,950
a stolen car,
524
00:32:29,360 --> 00:32:31,440
anything that constituted
a betrayal
525
00:32:31,470 --> 00:32:33,190
of communal interest of the people
526
00:32:33,230 --> 00:32:34,270
could mean death.
527
00:32:36,190 --> 00:32:38,190
Conscientious, perfectionist,
528
00:32:38,230 --> 00:32:41,550
Johann Reichhart kept his diaries
up to date meticulously,
529
00:32:42,470 --> 00:32:44,000
and his letters to the Ministry
530
00:32:44,040 --> 00:32:47,590
relentlessly suggested ways
to fine-tune methods of execution.
531
00:32:50,550 --> 00:32:53,950
In 1938, five years
after he returned to Germany,
532
00:32:54,190 --> 00:32:56,270
executions had increased tenfold.
533
00:32:57,080 --> 00:33:00,550
In 1939, the number of death
sentences has doubled again.
534
00:33:02,400 --> 00:33:04,910
The Nazis recruited
new executioners,
535
00:33:05,150 --> 00:33:07,590
and new execution centres
appeared on the map.
536
00:33:08,120 --> 00:33:10,320
Reichhart's field
of operations expanded.
537
00:33:10,800 --> 00:33:12,470
His workload increased,
538
00:33:13,320 --> 00:33:15,360
but he had no idea
what awaited him.
539
00:33:20,760 --> 00:33:22,760
At the end of the summer of '39,
540
00:33:23,000 --> 00:33:25,230
the course of history
suddenly accelerated.
541
00:33:33,760 --> 00:33:35,270
On September first,
542
00:33:35,320 --> 00:33:37,590
Nazi Germany
declared war on Poland.
543
00:33:43,000 --> 00:33:45,590
This was the first act
in a conflict
544
00:33:45,640 --> 00:33:48,950
that for six years would ravage
Europe and become global.
545
00:33:50,550 --> 00:33:51,550
(explosion)
546
00:33:54,830 --> 00:33:55,830
(air raid siren)
547
00:34:06,800 --> 00:34:08,440
Under cover of this cataclysm,
548
00:34:08,680 --> 00:34:12,000
the Nazis would deal three further
death blows to law and justice.
549
00:34:14,470 --> 00:34:17,120
Three dates definitively marked
the descent into Hell
550
00:34:17,150 --> 00:34:19,150
of the Courts
and German Magistrature.
551
00:34:24,440 --> 00:34:27,400
On September first,
the very day he invaded Poland,
552
00:34:27,720 --> 00:34:29,910
Hitler launched Operation T4..
553
00:34:35,120 --> 00:34:36,320
Hitler had always dreamed
554
00:34:36,360 --> 00:34:38,320
of exterminating
mentally ill people
555
00:34:39,040 --> 00:34:42,360
because they tainted the purity
of the German race.
556
00:34:44,000 --> 00:34:46,080
And he used the cover of war
557
00:34:46,120 --> 00:34:48,800
to begin a process
known as Aktion T4.
558
00:34:52,760 --> 00:34:55,190
That was euthanasia
of the mentally ill.
559
00:34:58,190 --> 00:34:59,640
What he was doing
560
00:34:59,680 --> 00:35:02,440
with the approval of his
Chancellor, Philipp Bouhler,
561
00:35:03,150 --> 00:35:05,270
and his personal Dr. Karl Brandt,
562
00:35:06,510 --> 00:35:08,950
was authorising the killing
of some of the inmates
563
00:35:09,000 --> 00:35:12,230
in asylums, mental hospitals,
and other care homes.
564
00:35:14,720 --> 00:35:19,040
And he had calculated that one
in 10,000 people had to die.
565
00:35:20,320 --> 00:35:22,320
Hitler refused to enact a law,
566
00:35:23,120 --> 00:35:24,720
and he signed a document
567
00:35:24,760 --> 00:35:27,150
that used a completely
disingenuous argument,
568
00:35:28,640 --> 00:35:31,590
which was a Gnadentod
or "mercy killing".
569
00:35:33,270 --> 00:35:35,400
It was the only document
Hitler signed
570
00:35:35,440 --> 00:35:37,550
which granted them
the mercy of death.
571
00:35:39,440 --> 00:35:43,400
So they went to fetch the infirm,
a job entrusted to the SS.
572
00:35:43,800 --> 00:35:45,360
They took post office vehicles
573
00:35:45,400 --> 00:35:48,150
with closed blinds
and took them away.
574
00:35:49,080 --> 00:35:50,230
Where to?
575
00:35:50,590 --> 00:35:51,760
The T4 centres.
576
00:35:52,120 --> 00:35:53,440
There were six in Germany,
577
00:35:53,720 --> 00:35:55,910
which housed
the first gas chambers,
578
00:35:58,550 --> 00:36:00,720
and the families
would be sent an urn.
579
00:36:04,000 --> 00:36:06,870
The T4 operation,
580
00:36:06,910 --> 00:36:09,080
which obviously
was supposed to be secret,
581
00:36:09,120 --> 00:36:10,270
could simply not be.
582
00:36:10,320 --> 00:36:13,550
Seventy-thousand victims
in two years was too significant.
583
00:36:14,470 --> 00:36:17,000
These were members of German
families being murdered.
584
00:36:17,680 --> 00:36:21,000
So there was outrage
in the media, politically,
585
00:36:21,510 --> 00:36:24,190
but also legally,
with complaints made.
586
00:36:24,440 --> 00:36:27,320
And the Secretary of State
at the Justice Ministry,
587
00:36:27,590 --> 00:36:28,800
Schlegelberger,
588
00:36:29,270 --> 00:36:31,270
met the chief prosecutors
589
00:36:31,830 --> 00:36:34,360
to decide how to proceed
590
00:36:35,270 --> 00:36:38,320
and asked the various
German prosecutors
591
00:36:38,360 --> 00:36:41,080
to not carry on with it.
592
00:36:43,590 --> 00:36:46,120
Secretary of State,
Franz Schlegelberger,
593
00:36:46,270 --> 00:36:47,360
presided over a meeting
594
00:36:47,400 --> 00:36:49,760
of the 80 most senior magistrates
in Germany.
595
00:36:53,230 --> 00:36:54,830
Note-taking was forbidden.
596
00:36:55,470 --> 00:36:58,870
However, one of those present
did make notes in his journal.
597
00:36:59,640 --> 00:37:01,870
Thanks to this historic evidence,
598
00:37:01,910 --> 00:37:04,550
we know today
that they were all fully informed
599
00:37:04,590 --> 00:37:06,760
of the conditions
of this mass extermination.
600
00:37:12,550 --> 00:37:13,550
This time,
601
00:37:13,760 --> 00:37:17,720
by turning a blind eye to the
murders of 70,000 disabled people,
602
00:37:18,000 --> 00:37:20,590
the German judiciary
became complicit.
603
00:37:25,470 --> 00:37:29,400
The country was at war, and to
argue was tantamount to treason.
604
00:37:30,830 --> 00:37:34,080
The Nazis knew they could now
do away with due process.
605
00:37:35,720 --> 00:37:37,230
In December 1939,
606
00:37:37,270 --> 00:37:40,190
Hitler officially abandoned
the new law codification project
607
00:37:40,230 --> 00:37:42,190
that Hans Frank
was supposed to direct.
608
00:37:43,470 --> 00:37:46,720
Nazi law would now be applied
with no recourse to any text.
609
00:37:48,230 --> 00:37:50,040
On June 22nd, 1941,
610
00:37:50,080 --> 00:37:52,590
after having defeated France
and conquered part of Europe,
611
00:37:52,640 --> 00:37:54,640
Nazi Germany attacked Russia.
612
00:37:57,040 --> 00:37:58,550
In the summer of that year,
613
00:37:58,760 --> 00:38:00,000
the Einsatzgruppen,
614
00:38:00,040 --> 00:38:02,680
whose creation Werner Best
had been part of,
615
00:38:02,950 --> 00:38:05,720
began eliminating Jews
behind the lines by bullets.
616
00:38:13,320 --> 00:38:15,080
In September 1941,
617
00:38:15,320 --> 00:38:17,910
it became mandatory for Jews
to wear the yellow star.
618
00:38:19,870 --> 00:38:22,230
On January 20th, 1942,
619
00:38:22,440 --> 00:38:25,360
during the Wannsee conference
presided over by Heydrich,
620
00:38:25,680 --> 00:38:27,080
the SS informed the ministries
621
00:38:27,120 --> 00:38:29,080
of the implementation
of the final solution.
622
00:38:38,720 --> 00:38:40,800
December 12th, 1942,
623
00:38:40,830 --> 00:38:42,320
the Führer issued a decree
624
00:38:42,360 --> 00:38:44,680
that merged the Nazi Party
with the German state.
625
00:38:47,950 --> 00:38:49,680
January 1943,
626
00:38:49,720 --> 00:38:51,550
the British
and American Air Forces
627
00:38:51,590 --> 00:38:53,640
began bombing raids
on German cities.
628
00:38:56,910 --> 00:38:59,150
February second, 1943,
629
00:38:59,190 --> 00:39:02,150
after the bloody battle
of Stalingrad and the USSR,
630
00:39:02,190 --> 00:39:05,080
German troops were forced
to surrender for the first time.
631
00:39:10,120 --> 00:39:12,150
From 1943 onwards,
632
00:39:12,190 --> 00:39:13,870
the regime's attitude
633
00:39:13,910 --> 00:39:16,760
towards the power it had
over the German population
634
00:39:16,800 --> 00:39:18,120
became radicalised.
635
00:39:18,830 --> 00:39:20,400
This was due to two factors.
636
00:39:20,830 --> 00:39:23,510
The Nazis war had become
the Germans war
637
00:39:23,550 --> 00:39:25,510
because the fatherland
was under threat.
638
00:39:28,270 --> 00:39:30,800
And it was also due
to the appearance
639
00:39:30,830 --> 00:39:32,910
of very courageous
forms of resistance.
640
00:39:33,760 --> 00:39:35,590
The White Rose movement,
for instance.
641
00:39:36,400 --> 00:39:40,000
The fate that waited
those people was dreadful.
642
00:39:46,440 --> 00:39:48,230
The resistance
fighter Sophie Scholl's
643
00:39:48,270 --> 00:39:50,230
last words to her cellmate were,
644
00:39:50,270 --> 00:39:51,910
What does my death matter
645
00:39:51,950 --> 00:39:54,640
if by our acts
thousands are warned or alerted?
646
00:39:57,680 --> 00:40:00,950
The 21-year-old emblematic figure
of the White Rose Movement
647
00:40:01,000 --> 00:40:02,870
was led to the guillotine
with her brother
648
00:40:02,910 --> 00:40:04,120
and one of their friends.
649
00:40:09,000 --> 00:40:11,360
On February 22nd, 1943,
650
00:40:11,720 --> 00:40:13,720
the last thing they saw
in their short lives
651
00:40:13,760 --> 00:40:17,000
was the face of the executioner,
Johann Reichhart.
652
00:40:21,150 --> 00:40:24,800
The following day, Reichhart
was already in Vienna, Austria.
653
00:40:26,950 --> 00:40:28,950
20 people were to be
beheaded that day.
654
00:40:29,230 --> 00:40:30,360
This was now routine.
655
00:40:31,590 --> 00:40:34,800
His bonuses meant he was earning
more money than he ever had.
656
00:40:36,870 --> 00:40:38,360
But the pace had become frenetic.
657
00:40:38,760 --> 00:40:41,760
Johann Reichhart's future was
now linked to Roland Freisler's.
658
00:40:42,800 --> 00:40:44,640
The radical lawyer
who had been nominated
659
00:40:44,680 --> 00:40:46,320
as head of the Volksgerichtshof
660
00:40:46,360 --> 00:40:48,800
launched a merciless war
against the enemy within.
661
00:40:50,510 --> 00:40:54,120
A single word out of place could
mean a ticket to the scaffold.
662
00:40:57,440 --> 00:41:00,400
Helmuth Hubener, 17 years old,
663
00:41:00,440 --> 00:41:03,360
executed for listening
to a foreign radio station.
664
00:41:04,150 --> 00:41:05,150
Erna Wazinski
665
00:41:05,190 --> 00:41:08,320
was executed for going to find
food in a ruined building.
666
00:41:09,550 --> 00:41:11,720
Leo Katzenberger, a Jew,
667
00:41:12,400 --> 00:41:16,440
was executed by Reichhart
for supposed racial defilement.
668
00:41:19,230 --> 00:41:21,150
Thousands and thousands
of people died
669
00:41:21,190 --> 00:41:23,510
on the Nazi
executioner's guillotine.
670
00:41:25,470 --> 00:41:27,950
And we don't really know
if these figures are reliable,
671
00:41:28,320 --> 00:41:29,830
because they also executed people
672
00:41:29,870 --> 00:41:32,230
who were handed over
to them by the Gestapo,
673
00:41:32,640 --> 00:41:35,120
and those people's names
were not recorded.
674
00:41:40,470 --> 00:41:44,470
By the end of 1943,
there were 22 execution centres.
675
00:41:46,590 --> 00:41:48,550
Between the 7th
and 12th of September,
676
00:41:48,950 --> 00:41:52,680
250 people were executed
at Plötzensee Prison in Berlin,
677
00:41:52,800 --> 00:41:54,400
an unprecedented number.
678
00:41:57,760 --> 00:41:58,870
On the last night,
679
00:41:59,040 --> 00:42:00,910
allied bombs caused a power cut,
680
00:42:00,950 --> 00:42:04,040
so the executioners completed
their work by candlelight.
681
00:42:09,400 --> 00:42:12,470
How can you explain this
remarkable rise in intensity?
682
00:42:13,230 --> 00:42:16,400
It was articulating the context
and experience of the war
683
00:42:16,440 --> 00:42:17,510
on one hand,
684
00:42:17,760 --> 00:42:19,950
and a radical ideology
on the other.
685
00:42:20,760 --> 00:42:22,400
The war the Nazis
were experiencing
686
00:42:22,440 --> 00:42:23,590
made them more radical,
687
00:42:23,680 --> 00:42:25,470
and the war carried out
by the Nazis
688
00:42:25,510 --> 00:42:27,120
made the war more radical,
689
00:42:27,190 --> 00:42:29,440
meaning that each fed
off the other.
690
00:42:33,830 --> 00:42:34,870
Lilo Gloeden
691
00:42:34,910 --> 00:42:38,190
knew that the turmoil would soon
catch up with her and her husband.
692
00:42:38,640 --> 00:42:42,270
Eric's family had lost everything
and had been persecuted.
693
00:42:42,830 --> 00:42:44,360
On February 22nd,
694
00:42:44,400 --> 00:42:47,590
Erich's cousin, Ernst Loevy,
was sent to Auschwitz
695
00:42:47,800 --> 00:42:50,360
and sent to the gas chamber
as soon as he got off the train.
696
00:42:51,230 --> 00:42:53,760
So Lilo and her husband
decided to join the resistance.
697
00:42:54,550 --> 00:42:55,590
For several months,
698
00:42:55,720 --> 00:42:57,270
they had been using fake documents
699
00:42:57,320 --> 00:42:59,080
to hide Jews hunted
by the Gestapo.
700
00:42:59,640 --> 00:43:02,550
They were living dangerously,
and Lilo knew it.
701
00:43:17,670 --> 00:43:19,120
Several people died,
702
00:43:19,240 --> 00:43:21,120
but Hitler miraculously survived.
703
00:43:24,390 --> 00:43:26,120
The fate of the authors
of the plot
704
00:43:26,160 --> 00:43:27,950
would be commensurate
with his wrath.
705
00:43:58,630 --> 00:44:01,630
Himmler decided
to aid the police enquiries
706
00:44:01,950 --> 00:44:03,630
and clamp down on any plots
707
00:44:03,670 --> 00:44:07,350
by introducing
what he called Sippenhaftung,
708
00:44:07,390 --> 00:44:10,030
the Sippe's
or family's responsibility,
709
00:44:10,390 --> 00:44:13,120
which meant the whole family
would be incarcerated.
710
00:44:14,670 --> 00:44:18,160
Such people were traitors
to their very core.
711
00:44:19,200 --> 00:44:21,430
These people had tainted blood.
712
00:44:23,520 --> 00:44:25,200
That was the expression he used.
713
00:44:27,070 --> 00:44:31,520
And this tainted blood had to be
eradicated to the last drop.
714
00:44:32,350 --> 00:44:33,350
In other words,
715
00:44:33,390 --> 00:44:36,600
it wasn't just the person
who had taken part in the plot,
716
00:44:36,630 --> 00:44:38,840
who would be arrested
and put to death.
717
00:44:39,560 --> 00:44:41,160
The whole family had to die.
718
00:44:45,280 --> 00:44:47,030
This Nazi fit of legal rage
719
00:44:47,070 --> 00:44:49,480
fulfilled the prophecy
of Fritz Lang's film, M,
720
00:44:50,670 --> 00:44:53,920
and they obliterated what little
remained of law and justice.
721
00:44:56,800 --> 00:45:00,350
The trial began in August 1944,
and lasted seven months.
722
00:45:02,120 --> 00:45:04,670
One hundred civilians and
military men involved in the plot
723
00:45:04,710 --> 00:45:06,630
appeared before
the Volksgerichtshof,
724
00:45:06,670 --> 00:45:08,240
led by Roland Freisler,
725
00:45:08,520 --> 00:45:10,030
who flayed them with insults.
726
00:45:28,710 --> 00:45:29,990
On November 27th,
727
00:45:30,160 --> 00:45:33,390
a rather frail Lilo Gloeden,
clad in a grey suit,
728
00:45:33,670 --> 00:45:35,070
stood before Roland Freisler.
729
00:45:36,950 --> 00:45:40,520
Alongside in her dock were her
mother and her husband, Erich.
730
00:45:41,390 --> 00:45:42,800
Lilo knew they were doomed.
731
00:45:43,310 --> 00:45:45,560
One of the conspirators,
General Lindemann,
732
00:45:45,920 --> 00:45:47,200
was hiding in their home.
733
00:45:48,200 --> 00:45:49,600
According to witnesses,
734
00:45:49,630 --> 00:45:52,280
Lilo challenged Freisler
with legal arguments.
735
00:45:52,990 --> 00:45:55,710
One last time, for honour's sake.
736
00:45:58,310 --> 00:45:59,600
♪ ♪
737
00:46:08,430 --> 00:46:12,600
Three days later, at 5:30 PM,
on November 30th, 1944,
738
00:46:13,390 --> 00:46:16,350
Lilo's mother was guillotined
at Plötzensee Prison.
739
00:46:17,280 --> 00:46:20,430
At 5:32, Lilo died
beneath the blade,
740
00:46:21,560 --> 00:46:23,120
two minutes before her husband.
741
00:46:24,120 --> 00:46:25,560
She was 40 years old.
742
00:46:29,520 --> 00:46:31,670
On February 3, 1945,
743
00:46:31,710 --> 00:46:33,520
the trial was drawing to a close,
744
00:46:33,750 --> 00:46:36,310
but an air raid siren
interrupted proceedings.
745
00:46:47,310 --> 00:46:49,920
Roland Freisler was reluctant
to suspend the trial.
746
00:46:50,880 --> 00:46:53,880
Obsessively, he gathered
his files before fleeing.
747
00:46:57,560 --> 00:47:00,670
15,000 feet above him
at the controls of a B-17,
748
00:47:01,120 --> 00:47:02,630
was Robert Rosenthal,
749
00:47:02,670 --> 00:47:05,710
a young lawyer from New York
who had enlisted as a pilot.
750
00:47:07,670 --> 00:47:09,560
Things were not
going well for him.
751
00:47:09,630 --> 00:47:11,390
One of his wings was on fire.
752
00:47:12,600 --> 00:47:15,350
But Robert was determined,
and he was Jewish.
753
00:47:16,120 --> 00:47:17,920
Two good reasons
to hold his course
754
00:47:17,950 --> 00:47:19,920
and to drop his bombs
on the Nazi capital.
755
00:47:22,670 --> 00:47:26,800
At exactly 11:37,
he activated the bomb bay.
756
00:47:40,990 --> 00:47:43,070
Not much was found
of Roland Freisler,
757
00:47:43,480 --> 00:47:46,070
one of the most sinister figures
in Nazi justice,
758
00:47:46,120 --> 00:47:48,160
in the ruins
of the Volksgerichtshof.
759
00:47:53,520 --> 00:47:54,520
Three months later,
760
00:47:54,560 --> 00:47:56,520
Berlin was nothing more
than a wasteland
761
00:47:56,560 --> 00:47:57,950
in the hands of the Red Army.
762
00:48:02,070 --> 00:48:05,480
On May eighth, 1945,
the third Reich capitulated.
763
00:48:07,070 --> 00:48:09,350
Hitler and Goebbels
had committed suicide.
764
00:48:10,070 --> 00:48:12,070
Himmler would soon do the same.
765
00:48:17,600 --> 00:48:20,240
And all that the Russians found
in the Plötzensee Prison
766
00:48:20,280 --> 00:48:23,160
was an empty room
where the guillotine still stood.
767
00:48:27,950 --> 00:48:28,950
In Munich,
768
00:48:29,120 --> 00:48:31,390
which had just been entered
by American tanks,
769
00:48:31,670 --> 00:48:34,120
there was no trace
of Johann Reichhart.
770
00:48:39,030 --> 00:48:41,240
On November 20th, 1945,
771
00:48:41,280 --> 00:48:43,390
a series of trials
began in Nuremberg.
772
00:48:44,750 --> 00:48:46,390
Dozens of Nazi officials appeared
773
00:48:46,430 --> 00:48:48,310
before an international
military tribunal.
774
00:48:50,160 --> 00:48:52,430
This was also the epilogue
of a fight to the death
775
00:48:52,480 --> 00:48:53,990
between two visions of the law.
776
00:48:55,280 --> 00:48:56,600
For the first time in history,
777
00:48:56,840 --> 00:48:59,710
politicians were on trial
for crimes against humanity.
778
00:49:02,710 --> 00:49:05,560
This could be seen
as a turning point in history
779
00:49:05,600 --> 00:49:07,710
because Hans Frank, for one,
780
00:49:07,750 --> 00:49:11,280
was prosecuted and sentenced
to death for war crimes
781
00:49:11,310 --> 00:49:12,880
and crimes against humanity.
782
00:49:13,520 --> 00:49:15,990
And this charge of crimes
against humanity
783
00:49:16,030 --> 00:49:18,350
was used for the first time
at Nuremberg.
784
00:49:19,560 --> 00:49:21,750
So Nuremberg was the birthplace
785
00:49:21,800 --> 00:49:23,670
of international
criminal justice,
786
00:49:24,480 --> 00:49:26,800
a justice
with a universal vocation.
787
00:49:27,430 --> 00:49:30,990
The complete opposite
of what the Nazis advocated,
788
00:49:31,480 --> 00:49:33,600
international criminal justice,
789
00:49:33,630 --> 00:49:35,030
which was the forbearer
790
00:49:35,070 --> 00:49:37,800
of the current international
criminal court.
791
00:49:38,120 --> 00:49:42,120
So in that sense, there is
a symbolic victory for the law.
792
00:49:44,390 --> 00:49:45,800
The privilege
793
00:49:46,390 --> 00:49:49,200
of opening
the first trial in history
794
00:49:50,350 --> 00:49:53,070
for crimes against
the peace of the world
795
00:49:54,600 --> 00:49:56,880
imposes a grave responsibility.
796
00:49:59,120 --> 00:50:01,950
Dozens of Nazis appeared
in the dock over eight months.
797
00:50:02,750 --> 00:50:04,280
Heading the bill of the accused
798
00:50:04,310 --> 00:50:06,520
were the architects
of the perversion of law.
799
00:50:07,600 --> 00:50:09,750
Hans Frank, sentenced to death.
800
00:50:10,280 --> 00:50:12,840
Wilhelm Frick, sentenced to death.
801
00:50:13,390 --> 00:50:15,350
Göring, sentenced to death,
802
00:50:15,390 --> 00:50:17,710
committed suicide
before he could be executed.
803
00:50:18,920 --> 00:50:20,710
Werner Best was tried in Denmark,
804
00:50:20,750 --> 00:50:23,350
where he had been sent
as the Reich's representative.
805
00:50:24,070 --> 00:50:26,030
Condemned to death
by Danish court,
806
00:50:26,070 --> 00:50:27,950
he spent only six years in prison.
807
00:50:29,120 --> 00:50:31,880
Later judged medically unfit
to stand another trial,
808
00:50:32,280 --> 00:50:35,350
he would eventually die
in his bed at the age of 86.
809
00:50:39,950 --> 00:50:42,200
In the wake
of the Nuremberg trials,
810
00:50:42,430 --> 00:50:45,120
the Allies executed
a long list of Nazis,
811
00:50:45,750 --> 00:50:47,430
but they did not have
enough manpower
812
00:50:47,480 --> 00:50:48,950
to carry out the hangings.
813
00:50:51,480 --> 00:50:53,560
In an incredibly
ironic twist of fate,
814
00:50:53,600 --> 00:50:56,430
a familiar silhouette appeared
behind those condemned.
815
00:50:58,630 --> 00:50:59,990
Johann Reichhart.
816
00:51:00,600 --> 00:51:04,310
He had finally been caught
by the Allies in 1946
817
00:51:04,480 --> 00:51:06,310
and narrowly evaded punishment,
818
00:51:06,670 --> 00:51:09,120
thanks to his expertise
as an executioner.
819
00:51:11,840 --> 00:51:14,950
By executing his former
Paymasters one by one,
820
00:51:15,390 --> 00:51:18,920
he made history as the most
prolific executioner of all time,
821
00:51:19,800 --> 00:51:24,160
with a macabre record
of 3,165 legal victims.
822
00:51:41,390 --> 00:51:44,560
Following the trials came
the denazification of Germany.
823
00:51:47,070 --> 00:51:50,480
But the shadows of Nazism
would loom for many more years.
824
00:51:53,160 --> 00:51:55,630
Using the pretext that they had
acted in good faith
825
00:51:55,670 --> 00:51:57,710
in applying the laws
in force at the time,
826
00:51:57,750 --> 00:52:00,630
the magistrates who operated
during the Nazi era
827
00:52:00,670 --> 00:52:03,310
were exonerated by the new
German Federal Republic
828
00:52:03,520 --> 00:52:04,800
10 years after the war.
829
00:52:05,840 --> 00:52:06,840
This decree,
830
00:52:06,880 --> 00:52:08,880
issued by the new
Constitutional Court,
831
00:52:09,240 --> 00:52:12,840
remains in the memory under
the name of judicial privilege.
65308
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